Res 23-82 RESOLUTION NO. 23-82
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, ACCEPTING ALL THE SANITARY SEWERS AND
WATER UTILITIES INSTALLED IN OLD HARBOR PLAZA, AS RE-
CORDED IN PLAT BOOK 42, PAGE 60 OF THE PUBLIC RECORDS
OF PALM BEACH COUNTY, FLORIDA, AS OPERATIONAL AND SET-
TING THE INITIAL SCHEDULE OF RATES, FEES AND OTHER RE-
LATED CHARGES TO BE IMPOSED FOR THE SERVICES AND FACI-
LITIES FURNISHED BY SAID UTILITIES; PROVIDING THAT THIS
RESOLUTION SHALL NOT DISCHARGE THE DEVELOPER FROM STRICT
PERFORMANCE; PROVIDING FOR MAINTENANCE FOR AND REPAIRS
BY THE DEVELOPER FOR ONE YEAR.
WHEREAS, the City Engineer of Delray Beach, Florida, has certi-
fied as operational (1) all sanitary sewers and related facilities and (2)
all water mains and related facilities in the above-mentioned locations as
shown on the "As-Built" Drawings which have been presented by the designated
Consulting Engineering Firm, Metric Engineering, Inc., as certified; and,
WHEREAS, the said sanitary sewer system was inspected and approved
as operational by the Public Utilities Department of the City of Delray Beach
Florida; and, ~?
WHEREAS, it is deemed to be in the best interest of the affected
properties that the initial schedule of rates, fees, and other related
charges be imposed for the services and facilities furnished by the sewer
systems, which shall become effective the first day of April, 1982, as set
forth and contained in Part II, Chapter 29, Water and Sanitary Sewerage, of
the Code of Ordinances of the City of Delray Beach.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That all sanitary sewers and related facilities and
water mains and related facilities in Old Harbor Plaza, as recorded in Plat
Book 42, Page 60 of the Public Records of Palm Beach County, Florida, are
accepted as being operational, and the initial schedule of rates, fees, and
other charges previously established, and applicable thereto in accordance
with Chapter 29 of the Code of Ordinances of the City of Delray Beach, shall
become effective on the first day of April, 1982.
Section 2. That nothing contained herein shall be construed as
discharging the Developer, Old Harbor, LTD, from strict performance of this
Developer's remaining contractual obligations and duties and that this
Developer's bond (escrow account) remain in effect in all respects until re-
leased in accordance with this Developer's agreement with the City of Delray
Beach.
Section 3. That the Developer, Old Harbor, LTD., shall be re-
sponsible for maintenance and repairs of the sanitary sewers and water faci-
lities installed in Old Harbor Plaza, as recorded in Plat Book 42, Page 60
of the P~blic Records of Palm Beach County, Florida, for a period of one
year after acceptance of this resolution by the City of Delray Beach Council.
PASSED AND ADOPTED in regular session on this the 23rd
day of March , 1982.
MAYOR
ATTEST: LEON M. WEEKES
City Clerk